PETALING JAYA: A deferred prosecution agreement (DPA) is an agreement that allows a prosecution to be suspended provided the party facing prosecution meets certain conditions.
Former Malaysian Bar president Salim Bashir said the mechanism is commonly used for financial crimes, and could hold corporate entities accountable for wrongdoings.
In initiating a DPA, the prosecution will usually consider a number of factors, such as the extent of the offender’s cooperation with investigators and the consequences of prosecution on non-involved employees or other innocent parties such as shareholders. While a corporation can enter into a DPA, it does not mean individuals within the corporation are protected from being charged.
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